PUBLIC CONTRACT (OFFER)
for ordering, buying and selling and delivering goods
Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number by the official public offer of the Seller to conclude a contract for the sale of Goods with the Buyers, the photos of which are posted in the relevant section of the Website https://lashlike.com/.
Sellers who intend to sell Goods through the https://lashlike.com/ Website and Buyers when purchasing Goods, the images of which are posted on the relevant pages of the https://lashlike.com/, accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the page of the Website https://lashlike.com/ in the corresponding section of the "ORDER" button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are listed below.
1.2. The Public Offer Agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). By full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of the goods by the Seller, responsibility for unfair Order and for non-fulfillment of the terms of this Agreement.
1.3. This Agreement comes into force from the moment of clicking on the "ORDER" button, by which the Buyer agrees to purchase the existing Seller of the Goods and is valid until the Buyer receives the Goods from the Seller and fully settles with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.
2. TERMS AND DEFINITIONS
"Public Offer Agreement" means a public agreement, a sample of which is posted on the Website https://lashlike.com/ and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://lashlike.com/, sent to an indefinite circle of persons, in particular, to Buyers.
"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the Goods, the image of which is posted on the https://lashlike.com/ Website, by adding it to the virtual cart and sending the Order.
"Product" means an item of trade (product, model, accessory, components and related items, any other items of trade), for the purchase of which the seller's offer https://lashlike.com/ posted on the Website.
"Buyer" - any legally capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who have visited the Website https://lashlike.com/ and intend to purchase this or that Product.
"Seller" - any legally capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the Goods and through the Website https://lashlike.com/ intend to sell it.
"Order" means a duly executed and placed on the Website https://lashlike.com/ the Buyer's application for the purchase of Goods, addressed to the seller.
"Legislation" means the norms established by Ukrainian or international legislation to regulate contractual legal relations under the Agreement.
"Significant defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination appears again for reasons beyond the control of the consumer.
3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes, on the terms and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website, and the Buyer undertakes to buy the Goods and pay money for them on the terms and in the manner specified in this Agreement.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no third party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or pretended transaction or transaction made under the influence of pressure or deception.3.4. The Seller confirms that it has all the necessary permits to conduct economic activities regulating the scope of legal relations arising and operating in the process of execution of this Agreement, as well as guarantees that it has the right to produce and/or sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and the sale of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller is obliged to:
to comply with the terms of this Agreement
fulfill the Buyer's orders in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer according to the selected sample on the relevant page of the Website https://lashlike.com/, the order placed and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
inform the buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The Seller has the right to:
unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
4.3. Seller:
A business entity from among the persons offering to purchase https://lashlike.com/ Goods on the Website according to the uniform agreed rules set forth in this public offer agreement.*
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged to:
pay for and receive the order in a timely manner under the terms of this Agreement;
get acquainted with the information about the Product posted on the Website https://lashlike.com/;
upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completion of the Goods, record them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
5.2. The Buyer has the right to:
place an order on the relevant page of the https://lashlike.com/ Website;
require the seller to comply with the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDER PROCEDURE
6.1. The Buyer independently places an order on the relevant page of the Website https://lashlike.com/ by adding the Products to the virtual cart by clicking the "Add to cart!" button, or by placing an order by e-mail, or by calling the phone number specified in the contact section of the Website https://lashlike.com/.
6.2. The term for forming the Order is up to 2 working days from the date of its placement. If the order is sent on a weekend or holiday, the formation period starts from the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the https://lashlike.com/ Website. The price of the Agreement is determined by adding up the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the goods.
7.3. The Buyer can pay for the order in the following ways:
1) by bank transfer of money to the Seller's current account specified in the invoice, including by means of Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place of ordering the goods.
3) Credit card of the following type:
Visa
View Electron
Mastercard
Mastercard Electronic
Master
4) in any other way by agreement with the Seller.
Note. When the Buyer pays for the order with a payment card, it is possible to charge an additional commission by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, it is possible to charge an additional commission when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. When clicking on the Website page, https://lashlike.com/ in the appropriate section of the "ORDER" button, it means that the Seller has notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electro, Maestro cards.
8. TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery, or receives it personally. The procedure for payment and receipt is given on the relevant page of the https://lashlike.com/ Website.
8.2. When delivering the Goods to other cities of Ukraine or to another country, which is carried out by other Delivery Services (hereinafter referred to as the Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer with his own signature in the consignment note, the declaration of the Carrier Company or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.
8.4. In case of absence of the Buyer at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unreasonable reasons, upon delivery by the Courier of the Carrier Company, the Goods shall be returned to the shopping center of shipment. Payment for the services of the Carrier Company shall be deducted from the amount transferred by the Buyer for the Goods. The remaining amount shall be returned to the Buyer on the basis of his letter sent to e-mail: lashlikeshop@gmail.com indicating the current account to which the funds are to be returned.
All questions that have arisen in the process of payment and receipt of the Goods, the Buyer can find out by using the contact details in the Contacts section.
9. TERMS OF RETURN OF GOODS
9.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange the Goods of proper quality within fourteen days, except for the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the "Returns" section of the Website, taking into account the terms and conditions of the carrier or courier in force on the territory of Ukraine or on the territory of another country in accordance with the place of delivery of the Goods.
9.3. If there is at least one of the listed defects, the Buyer is obliged to record them in the drawn up act of any form. The Act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, shortcomings should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (representative of the Seller responsible for placing an order for the Goods) about the identified defects and agree on the replacement of the Goods, filling out the claim form for the return of the Goods on the https://lashlike.com/ website.
9.4. The Parties have agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be recognized as receiving the Goods in proper condition - without any mechanical damage and in full completeness.
10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and the current international and Ukrainian legislation.
10.2. In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes on debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with the collection of debts from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including its performance, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for non-fulfillment of any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are really beyond the control of such party, occurring after the conclusion of this Agreement, are unpredictable and inevitable.
Force majeure circumstances include, but are not limited to, natural disasters, strikes, fires, floods, explosions, glaciations, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, accidents at sea, embargoes, catastrophes, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the implementation of this Agreement.
11.2. The Party, for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances, is obliged to immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, as well as within 30 (thirty) calendar days to provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by the authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement lasts more than three months, each Party has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the occurrence of force majeure, before termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
12. OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the execution of his Order (sending a notification to the seller about the order of the Goods, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the https://lashlike.com/ Website (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending advertising and special information by telecommunication means (e-mail, mobile communication) offers, information about promotions, sweepstakes or any other information about the activities of the Website https://lashlike.com/
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the phone number specified in the questionnaire.
12.3. The Buyer gives the right to process his personal data, including: placing personal data in databases (without additional notice about it), carrying out lifelong storage of data, their accumulation, updating, change (if necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as at the mandatory request of the competent state authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and reliability of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.